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Home My WebLink AboutResolution No. 618-05 i W-2,v, RESOLUTION WHEREAS, Residences of Old Townhall applied for a Type III, Phase III, Amendment to Restricted Development Preliminary Plan #02-08 to amend the approved plan, which allowed for 34 apartment units, to allow for 66 single room occupancy units. The property is located at 607 East Center Street; and, WHEREAS, since 66 apartment units is not a permitted use in this zoning district, the Applicant has proposed the development by way of the restricted development provisions; and, WHEREAS, R.C.O. §62.700 recognizes that certain .land uses which are generally not allowed within a given zoning district can, if regulated, "serve both the public interest and allow more equitable balancing of private interests than that achieved by strict adherence to standard zoning regulations;" and, WHEREAS, this application requires a two-step review process consisting of a preliminary plan and a final plan. The;.preliminary plan phase follows the Type III, Phase II procedure with a hearing before the Planning Commission and a hearing before the Council. The Applicant is requesting the waiver of the final plan review; and, WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments) provides the relevant criteria for the review of this application; and, • WHEREAS, the Planning Department applied the criteria found at Section 62.708 to this application and prepared the following findings of fact: 1) Preliminary Development Plan Criteria: a) Capacity of Public Facilities: City sewer and water, and other utilities, currently serve the site. b) Geologic Hazards: There are no known geologic hazards on the property. c) Natural Features: The proposed site plan, for the most part, retains a highly attractive and visible front outdoor "room" and relegates the less attractive parking area to the rear of the building. - d) -Residential .Traffic- Impact: The proposed development will not cause the traffic volumes to be exceeded, generate frequent truck traffic or nighttime traffic on local residential streets. e) Traffic Generation Impact: The anticipated traffic will not • 1 cause the capacity of the adjacent streets to be exceeded. f)_ Height Impacts: This development should not impact the adjacent properties. The exterior of the existing building would not be changing. The project should not disrupt any vistas because the ground elevation in the immediate area is very flat. g) Setbacks: The proposed building addition meets both R-3 and R-4 zone setbacks. h) Internal Site Design: The design retains attractive open space in the front of the building while making the building more visible to patrons of Mayo Field. The existing drive to the parking lot at the rear of the building is not being changed at all. Because of the location of the existing 5-story building on the eastern portion of the site, internal access into the site cannot be altered. i) Screening and Buffering: The plan should specifically provide a "Bufferyard C" along the west property line adjacent to the residential use but not the area adjacent to the parkland. A hedge row shall be provided along the east side of the 8 parking spaces in the front of the building. j) Ordinance Requirements: The site provides more than adequate amounts of landscape area and recreation space. There is adequate room on the site to provide the required spillover parking in the rear of the property. k) General Compatibility: The appearance of the proposed use of the property, its density and site design are in keeping with the character of the area with multifamily housing in all directions from the site in a sector of a neighborhood with unique proximity to the downtown; and, WHEREAS, the Planning Department also considered the provision of Section 61.146 to this application and determined that none of the required findings, which would require denial of the application, could be made; and, WHEREAS, on November 9, 2005, the Rochester Planning and Zoning Commission held a public hearing on this restricted development preliminary plan, reviewed the application according to the requirements of Sections 62.708 and 61.146, adopted the Planning Department's recommended findings of fact and recommended approval of the application subject to the following conditions: • 2 • 1. The applicant shall post signage that designates the alley as an "Exit Only" from the parking lot unless the connection of the alley and parking lot is designed with a 25 foot wide drive isle along the north line of the parking lot to provide for two way traffic circulation. 2. The applicant should provide a detailed landscape plan that incorporates the design features of Bufferyard "C"(see table 63.265) on the portion of the west line of the site adjacent to the residence(s). A screening hedge should also be provided along the east side of the parking lot in the front of the building. 3. The applicant should construct, along with the new parking lot in the rear of the site, the 17 parking spaces in the rear of the property shown as future parking at the time of development. 4. Restrict the outside use of the basement to groups that would use the space during business hours when the parking lot on the site should have the most excess spaces. Require a specific detailed list.of all potential basement tenants. 5. Signage shall be limited to the reuse of the existing sign on the property presently located along Center Street, or if new signage is proposed it • shall conform to zoning ordinance standards for the R-4 (High Density Residential) zone. 6. Stormwater management must be provided and a storm water management charge will apply to the net increase of impervious associated with the project. 7. The applicant shall dedicate a 20 foot utility easement, if one does not exist, for the existing public water main serving the building which runs along the west property line. 8. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. 9. The future 10 parking spaces in the front of the site shall be removed from the site plan. These future parking _spaces shall not be constructed as it would require that the mature Oak tree be removed. 10. The applicant shall contact the contact the Olmsted County Public Health 3 Services prior to initiating construction. WHEREAS, the Common Council held a public hearing on the restricted development preliminary plan request on December 12, 2005, and permitted all interested persons to be heard; and, WHEREAS, at the December 12th public hearing, the Council deleted condition #4 and amended condition #`•3 so that it reads as follows: 3. The applicant must construct, along with the new parking lot in the rear of the site, the 17 parking spaces in the rear of the property shown as future parking at the time of development; and, WHEREAS, based upon a preponderance and substantial weight of the evidence submitted at the December 12th p ublic hearing, the Common Council determines that the Applicant satisfied the criteria of Section 62.708 if the above nine conditions, as amended, were satisfied. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the Type III, Phase III, Amendment to Restricted Development Preliminary Plan #02-08, requested by Residences of Old Townhall is in all things approved subject to the above nine conditions, as amended. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS /,:2,rH OF VECErn— , 2005. PRESIDENT OF SAID COMMON COUNCIL ATTEST: GrTY CLERK APPROVED THIS 137A DAY OF P62�n --M- , 2005. MAYOR OF SAID CITY (Seal;'of the City of Rochester, Minnesota) 4